Want Legal Advice from a Disability Lawyer?

Want Legal Advice from a Disability Lawyer?

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Q: I work for myself, so I have a private disability policy. Though I’m suffering from Parkinson’s, my insurance company insists that I can work. I just can’t work at “my own” occupation. What if I can work at something else?

A: The policy wording is crucial. Many private policies are sold as paying out benefits if you cannot work in your chosen profession. Yet, amendments to these policies over time have dramatically affected how they apply in practice. In short, if you are able to work at a different occupation, that does not mean that you are not entitled to disability benefits. An experienced lawyer should review your policy for you.

 

Q: If my doctor says I can’t work due to a diagnosis of Parkinson’s, won’t the insurance company approve my disability claim?
A: The many provisions and limitations on your insurance policy may give the insurance company a reason to deny your claim. Good documentation from your doctor that focuses specifically on why you cannot work will help your claim along but is no guarantee it will be approved. A good lawyer will not let policy provisions and limitations keep you from getting the benefits you are entitled to.

 

Q: I told my employer of my recent Parkinson’s diagnosis, and they were less than sympathetic. Does my employer have any say in whether I am eligible to receive long-term disability benefits?
A: Generally speaking, your employer does not have a say regarding the decision to approve or deny entitlement to long-term disability benefits. In most cases, the decision is made by an insurance company. Even where disability benefits are self-insured by an employer, they usually contract out the decision making process to an administrator (often also an insurance company). In some cases, employers probably have some influence regarding the decision that is made, but they would usually try to conceal any such influence.

Have a question about your Disability Claim that only a lawyer can answer? Visit Share Lawyers’ website, click Ask A Lawyer and type in any question you have. Is your question not in our database? You can always post your question on Facebook or Twitter using the #AskALawyer hashtag! 

If you have any more questions about this topic, or if you or you think someone you know has a disability claim. Learn more about what Share Lawyers does.

Disclaimer: You should not act or rely on any information in blog. Each person or company’s legal needs are unique, and you should ask a lawyer directly to assess your specific needs. You should also be aware that there are time limitations and notice requirements that may affect your rights.